Total Wine Seeks Full 2nd Circuit En Banc Review on Challenge to Connecticut Pricing Laws

Connecticut Fine Wine and Spirits d/b/a Total Wine & More is asking the full 2nd Circuit to hear and reverse the panel that recently upheld four Connecticut alcohol pricing laws against a Sherman Act challenge. In a comprehensive filing Connecticut Fine Wine and Spirits (CFWS) claims that the decisions of the district court and 2nd…Read More

Tennessee Retailers’ Supreme Court Case Has A New Respondent

The pending Supreme Court case on the Tennessee retail residency law is now on its third named state defendant.  Sorry Clayton Byrd and now Zachary Blair, your name is off the case caption.  Congratulations to Russell F. Thomas who is the new Executor Director of the Tennessee Alcohol Beverage Control and because of that title…Read More

Guest Column: 100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy

100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy On January 16, 2019 the United States Supreme Court will hear oral arguments in the case Tennessee Wine and Spirits Retailers Association v. Blair.   January 16th is a critical date in alcohol policy history because on…Read More

Indiana District Court Rejects Preemption Claim Against Indiana

Judge Richard Young of the Southern District of Indiana today granted the state of Indiana’s motion for Summary Judgment in the challenge by E.F. Transit to the state’s denial of E.F. Transit’s transportation services. This case has a long and tortured back story with a previous dismissal for being unripe being reversed by the 7th Circuit earlier…Read More

Final Briefing Filed in 5th Circuit on Walmart Challenge to Texas Laws on Liquor Sales

Amicus briefs in support of Walmart were recently filed by the Pacific Legal Foundation/ Retail Litigation Center and the Institute for Justice.   Final reply briefs by the Texas Package Store Association and the state of Texas were filed this week.   The 5th Circuit has several hundred pages of briefing to wade through as it resolves issues related to…Read More